1. Applicant's Name: a. Application Date: 15 June 2017 b. Date Received: 15 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the time period had expired for the type of discharge to be changed. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH diagnoses while on active duty. The applicant is 90% service-connected; 70% for PTSD from the VA. The VA has also diagnosed the applicant with Dysthymic Disorder and Alcohol Abuse. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 24 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnosis of PTSD) and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 September 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 21 December 2009, the applicant drove a vehicle while under the influence of alcohol. On 1 August 2013, the applicant committed a second offense of driving a vehicle under the influence of alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 September 2014 (5) Administrative Separation Board: Waived, 3 September 2014 (6) Separation Decision Date / Characterization: 17 September 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 October 2008 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88H20, 2B Cargo Specialist / 12 years, 7 months, 4 days d. Prior Service / Characterizations: RA (14 February 2002 to 14 February 2004) / HD RA (15 February 2004 to 10 October 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (10 March 2003 to 9 February 2004), (28 October 2004 to 7 October 2005), (27 October 2007 to 26 January 2009), (13 May 2011 to 10 December 2011), Afghanistan (6 August 2013 to 3 May 2014) f. Awards and Decorations: ARCOM-3; AAM-2; AGCM-4; ACM-CS; ICM-5CS; GWOTEM; GWOTSM; NCOPDR; ASR; OSR-3 g. Performance Ratings: Three NCOERs rendered during period of service under current review: 1 October 2008 thru 30 September 2009, Among the Best 1 December 2012 thru 31 March 2013, Fully Capable 1 April 2013 thru 31 March 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand and its associated documents with its associated documents, dated 21 June 2010, indicates the applicant was reprimanded for driving a motor vehicle with a BAC of .245. Negative counseling statements for disobeying a commissioned officer; failing to keep his chain of command informed; operating a vehicle while drunk; and displaying a disorderly conduct. FG Article 15, dated 19 January 2010, for disobeying his superior commissioned officer on 19 December 2009. The punishment consisted of a reduction to E-4, forfeiture of $1,000 pay per month for two months, 45 days of extra duty, and an oral reprimand. General Officer Memorandum of Reprimand and its associated documents, dated 23 August 2013, indicates the applicant was reprimanded for driving while under the influence of alcohol on 1 August 2013. Report of Mental Status Evaluation, dated 23 July 2014, indicates the applicant was psychiatrically cleared for Chapter 14 consideration per his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 15 June 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issue submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends his discharge should be upgraded because the time period had expired for the type of discharge to be changed. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. Further, the rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD) and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180000174 1